To-Go Drinks Given Green Light For 3 Years In NY: Hochul

NEW YORK— Something many consider one of the most positive parts of the pandemic is now legal as part of the 2023 budget: Gov. Kathy Hochul announced Saturday that newl egislation authorizes the sale of "to-go" alcoholic beverages for off-premises consumption for three years.

According to Hochul, to-go drinks were a critical revenue stream for New York's bars and restaurants during the COVID-19 pandemic, helping many small businesses across the state pay their rent or mortgages.

The new legislation allows, for a period of three years, bars and restaurants to sell alcoholic beverages "to-go" for off-premises consumption under "appropriate" limitations, Hochul said.

"New York's nightlife and hospitality industry is second to none, and by allowing the sale of to-go drinks we will continue to support the industry's recovery from the pandemic," Hochul said. "Cheers to both Majority Leader Andrea Stewart-Cousins and Speaker Carl Heastie for their help in making this change, which will drive business for the hospitality industry and be a lifeline, helping them comeback stronger than before."

Hochul added that the new policy addresses concerns raised by liquor stores owners by prohibiting bottle sales and requiring food orders and sealed containers.

Additionally, concerns of public consumption are addressed by making clear in the law that all to-go containers must comply with municipal open container laws, she said.

The enacted budget also calls for a comprehensive look at all alcohol and beverage control laws and creates a review commission to report on recommended improvements for businesses and consumers, Hochul said.

The legislation, she said, amends the alcoholic beverage control law to authorize restaurants and bars licensed to sell liquor or wine for on-premises consumption to also sell both for off-premises consumption.

The legislation, which prohibits sales by the bottle, permits the sale of drinks to-go with the order of a "substantial "food item, provided the alcoholic beverage is sold in a sealed container and sold during the county closing hours in effect where the business operates, Hochul said. Also, the licensee, or the agent or employee of the licensee making the delivery, will also be responsible for ensuring the consumer has a valid ID and for verifying the consumer's identity and age at the time of delivery, Hochul said.

The state budget also creates a temporary commission to study reform of the alcoholic beverage control law, "to modernize and simplify the state's alcohol laws and regulations," a release from Hochul's office said.

Issues addressed will include the industry's economic impact on the state; changes in the law and/or State Liquor Authority resources to speed license application processing; laws addressing underage consumption; and industry reform and modernization proposals voted on by industry stakeholders.

The commission will be comprised of 21 members; a report from the commission is to be issued no later than May 1, 2023.

In addition, 2023 state budget also includes a number of "common-sense" changes to modernize the ABC Law, Hochul said, including allowing liquor stores to be open Christmas day, should they choose; allowing veteran's organizations, such as Veterans of Foreign Wars and American Legion Posts, to obtain licenses when a police officer serves as an officer of the organization; allowing applicants to provide required notice to their municipality or community board via email, if the municipality or community board elects to accept notice that way; and permitting farm manufacturers more flexibility by allowing food trucks or other such businesses to operate on their premises.